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nick86
Sep 19, 2013, 03:21 PM
Hi,

I am a F1 student on Optional Practical Training (OPT) and I had not done any CPT.I am about to get my first Paycheck and it looks like there are a lot of withholding which are taking place. I am in California and I am being charged Social Security, Medicare, Fed Income Tax, CA Income Tax and CA Disability.

Could you please tell me what the Claims I can make in my taxes next year to get a refund and also if any of the above withholdings are avoidable ?

Thanks in Advance.

AtlantaTaxExpert
Sep 19, 2013, 07:23 PM
You are exempt from FICA (Social Security and Medicare) taxes, so go to your employer and tell him of the exemption so he stops withholding these taxes.

That way, you do NOT have to put in a claim for a refund.

nick86
Sep 20, 2013, 03:56 PM
Hi,

Thank you so much for replying for replying. Could you tell me the reason why am I exempted so I can explain to him better.

Thanks again.

AtlantaTaxExpert
Sep 20, 2013, 06:12 PM
It is explained in detail on pages 42-43 of IRS Pub 519 (which you can download from Internal Revenue Service (http://www.irs.gov)) that students and other foreign nationals of F-1 and J-1 visas are exempt from FICA taxes.

If you print off those pages and show it to your employer's payroll department, that is usually enough to convince to stop withholding those taxes and to refund the taxes already withheld in error.